A spirited discussion took place at the Portland City Council meeting Monday night after Council Steve Fabiano told council the Portland Area Fire Authority Board hoped to post the position of fire chief in December to be sure it has “the best person for the job.”

Currently that position is held by Dave Brown, whose job, along with those of his fellow firefighters, was transferred to be under the auspices of the fire authority earlier this year.

Mayor Jim Barnes challenged the authority’s considering to accept applications for Brown’s job “when the ink is barely dry on the agreement that no one would be put in a worse position as a result of the agreement.”

Portland has an intergovernmental agreement with Portland and Danby Townships for joint governance of the fire department. That agreement stipulated that City of Portland Fire Department employees, including the chief, would be transferred to and become employees of the fire authority, and that an employee will not, by reason of that transfer “be placed in any worse position with respect to workers’ compensation, wages, seniority, or any other benefit that the employee enjoyed while employed by the City of Portland Fire Department.”

Fabiano told council that Brown is “more than welcome to apply for this position,” and that he was not being fired.

“Given the lack of process, especially in this day and age of transparency and accountability, the appearance is a thinly veiled effort to change somebody’s position for someone else,” Barnes said. “We have an agreement in place with specific language. I want to be sure it is adhered to, and it doesn’t appear it is.”

Fabiano explained the fire authority is attempting to create a new process.

“I think this is a good time to start it, as the new fire authority saying who is the most qualified,” he said. “It’s important that the top person in the fire department is the most qualified, because it is that person who drives fire coverage.”

Council member Stacy Krause said she doesn’t mind doing new things, “as long as it’s not in conflict with the fire authority agreement.

“I support what the fire authority intention is: to improve its function, but it is also important to me that we uphold the contract,” she said. “I feel like this is a breach of the contract.”

Barnes told Fabiano he believes the authority wants to ensure that the best person for the job is serving in the fire chief’s position, “but I don’t think you can pursue that in a vacuum.

Page 2 of 2 - “We set out that no one would be harmed in the forming of the authority,” he said. “Now there is some reasoning behind taking someone in a position who has not been given any kind of job performance review, and suddenly his tenure is terminated, and he has to reapply in order to retain that job.”

Krause said she believes the intent is to get rid of “the person in that position (Brown).

“Follow the proper channels,” she said. “We don’t hire people in the city, and then willy-nilly decide they have to apply for their job. I don’t think that is the spirit of the agreement.”

“All we’re saying is we deserve to be sure we have the best,” Fabiano said. “That’s all we’re asking, to have the most qualified person in the position.”

“I am asking we follow this contract,” said Krause. “This is a breach of this contract, and I think we need to go through mediation. It’s clear today there is a disagreement arising out of what (the language of the agreement pertaining to hiring and removal of authority employees) means.”

Council member Steve Calley said he hoped the motivation behind the fire authority’s proposed action wasn’t animosity toward Brown because he was a Portland employee.